40B-4.3010. Works of the District Permits

(1) A noticed general works of the district permit shall be granted pursuant to the procedures in Rule 40B-1.703, F.A.C., to any person for a single family work or development in a work of the district described below:

(a) Floating docks and access structures associated with floating docks.

(b) Decks which are 200 square feet or less and at the walking surface, less than or equal to 1 foot above the average natural ground elevations within the area under and immediately adjacent to the deck.

(c) Structures or fill which are obstructions to flow of less than or equal to 100 square feet of the cross-sectional area of the floodway which are located outside of the 75 foot setback.

(d) Driveways, sidewalks and paths which are, at the driving or walking surface, less than or equal to 1 foot above the adjacent natural ground elevation and are located outside of the 75 foot setback.

(e) Decorative landscaping gardens which are above the natural grade of the ground which are less than or equal to 50 square feet of the cross-sectional area of the floodway and located outside of the 75 foot setback.

(f) Boardwalks which have a walking surface less than or equal to 1 foot above the natural ground elevation within the area under and immediately adjacent to the boardwalk.

(2) A noticed general works of the district permit shall be granted pursuant to the procedures in Rule 40B-1.703, F.A.C., to any governmental agency for projects which are solely for the restoration of natural resources.

(3) A general works of the district permit shall be granted pursuant to the procedures in Rule 40B-1.703, F.A.C., to any person for a single family work or development in a work of the district described below:

(a) Construction of a structure for single-family residential or agricultural use, which can not be authorized by Section 403.814(12), F.S. The construction shall include the leveling of land for the foundation and associated private water supply, wastewater disposal, and driveway access which is in compliance with all applicable ordinances or rules of local government, state, and federal agencies, and which meets the requirements of this chapter.

(b) Fixed docks.

(c) Decks which are 200 square feet or less and at the walking surface, greater than 1 foot above the average natural ground elevations within the area under and immediately adjacent to the deck.

(d) Boat ramps, boat lifts, seawalls, retaining walls, rip-rap and other such structures.

(e) Driveways, sidewalks or paths which at the driving or walking surface is, at any point along the driveway, more than 1 foot above the adjacent natural ground elevation outside of the 75 foot setback.

(f) Boardwalks which are landward of the top of bank and the walking surface is, at any point along the boardwalk, more than 1 foot above the natural ground elevation within the area under and immediately adjacent to the boardwalk.

(g) Structures which are obstructions to flow of greater than 100 square feet of the cross-sectional area of the floodway.

(h) Retaining walls which are landward of the top of the bank.

(i) All projects which propose floats under a structure, landward of the top of bank.

(4) An individual work of the district permit shall be granted pursuant to the procedures in Rule 40B-1.703, F.A.C., to any person for work or development in a work of the district described below.  Individual work of the district permits shall adhere to the requirements in Parts II, III and IV of the Applicants Handook Volume II and Chapter 62-330, F.A.C., in addition to the requirements of this chapter.

(a) Projects which impact wetlands or other natural resources.

(b) All Projects that are not single family, agriculture, silviculture, horticulture, or restoration.

(5) All permits issued pursuant to this rule shall be subject to the conditions in Rule 40B-4.3030, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 3-19-86, 12-22-92, 10-18-04, 10-14-13.